§383. Protecting civil and public rights.--No citizen of this state can by reason of race, color, or previous condition of servitude, be excluded from the equal enjoyment of any accommodation, facility or privilege furnished by innkeepers, or common carriers, or by owners, managers or lessees of theaters or other places of amusement, by teachers and officers of common schools and public institutions of learning, or by cemetery associations. The violation of this section is a misdemeanor, punishable by a fine of not less than fifty dollars, nor more than five hundred dollars.

See 381, supra.

§ 384. Acrobatic exhibitions. The proprietor, occupant or lessee of any place where acrobatic exhibitions are held, who permits any person to perform on any trapeze, rope, pole or other acrobatic contrivance, without net work, or other sufficient means of protection from falling or other accident, is guilty of a misdemeanor, punishable for the first offense by a fine of two hundred and fifty dollars and for each subsequent offense, by a fine of two hundred and fifty dollars and imprisonment not less than three months nor more than one year.

TITLE XII.

Of Crimes Against the Public Health and Safety.

SEC. 385. "Public nuisance" defined.

386. Unequal damage.

387. Maintaining a nuisance a misdemeanor.

388. Permitting a building to be used for nuisance.

389. Keeping gunpowder unlawfully.

390. Throwing gas, tar, etc., into public waters.

391. Violation of quarantine laws, by master of vessel.

392. Giving false information relative to vessel, or permit-
ting person to land before visit of health officers.
393. Landing from vessel before visit of health officer.
394. Going on board vessel at quarantine grounds, or
entering quarantine grounds without leave.

395. Violating quarantine regulations.

396. Obstructing health officer in performance of his duty. 397. Willful violation of health laws.

398. Unlicensed piloting.

399. Coasting steamers excepted.

SEC. 400. Acting as port warden without authority.

401. Apothecary omitting to label drugs, or labeling them wrongly.

402. Apothecary selling poison without recording the sale. 403. Refusing to exhibit record.

404. Selling poision without label.

405 Medical prescriptions.

406. Concealing foreign matter in merchandise
407. Adulteration of food, drugs, liquors, etc.
408. Disposing of tainted food.

409. Making, selling, etc., dangerous weapons.
410. Carrying, using, etc., certain weapons.
411. Possession, presumptive evidence.
412. Carrying concealed weapons

413. Negligence in respect to fires.

414. Refusing to assist in extinguishing fire in the woods. 415. Obstructing attempts to extinguish fires.

416. Maintaining ferry without authority of law.

417. Violating condition of recognizance to keep a ferry. 418. Employment of engineer who cannot read.

419. Person acting as engineer who cannot read.

420. Intoxication of persons running trains and boats.
421. Failure to ring bell, etc.

422. Placing passenger car in front of baggage car.
423. Platforms.

424. Other violations of duty by officers, agents or servants
of railroad companies.

425. Officers of railroad companies to be uniformed.

426. Riding on freight trains.

427. Dangerous exhibitions. Bathing.

428. Fires and lights on vessels in New York, Kings and Queens counties.

429. Duty of guarding ice cuttings. How long such guards must be maintained. Violation of duty to maintain guards around ice cuttings.

430. Articles in imitation of food.

431. Noisome or unwholesome substances, etc., in high

433. Using net or weir unlawfully in Hudson river.

431. Exposing a person affected with a contagious disease in a public place.

435. False rumors as to public funds, etc.

436. Eavesdropping.

437. Destroying invoice.

438. False labels.

439. Skimmed milk.

440. Master of vessel bringing foreign convict.
441. Non-resident taking or planting oysters.
442. Use of certain dredges.

443. Mock auctions.

444. Interfering with navigation.

445. Maintaining private insane asylums.

416. Entry into agricultural fair grounds.

447. Drugging person, etc.

§ 385 "Public nuisance" defined.-A public nuisance is a crime against the order and economy of the state,

and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission:

1. Annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons;

or

2. Offends public decency; or

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a public park, square, street or highway; or

4. In any way renders a considerable number of persons insecure in life, or the use of property.

See §§ 324, 328, supra. No length of time will legalize a nuisance. Rochester v. Erickson, 46 Barb., 92; Ogdensburgh v. Lovejoy, 2 S. C., 83; affirmed 58 N. Y., 62; Campbell v. Seaman, 63 N. Y., 568; 2 S. C., 231. Legislature may legalize. Peo. v. N. Y. Gas Co., 6 Lans., 467; Phoenix v. Comr's of Emigration, 12 How. Pr., 1; Delaney v. Blizzard, 7 Hun, 7 ; Patten v. N. Y. E. R. R. Co., 3 Abb., N. C. 306. No defence that it was first established; criminal intent not necessary. Taylor v. Peo., 6 Park., 347. Bowling Alley. Tanner v. Albion, 5 Hill, 121; Updike v. Campbell, 4 E. D. Sm., 570. Theatre. Peo. v. Baldwin, 1 Wh., Cr. C., 279. By clergyman in church. Broad's case, 3 C. H. Rec., 7. Municipal Corporation. Babcock v. Buffalo, 1 Sheld., 317; Peo. v. Albany, 11 Wend., 539. Infant or feme covert, when not responsible for nuisance. Peo. v. Townsend, 3 Hill, 479. See S. & T. Co. v. Peo., 66 Bar., 25.

Sub. 1. Filthy tenement house. Meeker v. Van Rensselaer, 15 Wend., 397. Disorderly house. Peo. v. Carey, 1 Sheld., 573. Stable. Morris v. Brown, Anth. N. P., 368; Fish v. Dodge, 4 Den., 311. Fat boiling. Weil v. Schultz, 13 Pitts L. J., 588; Cropsey v. Murphy, 1 Hilt., 126; Dubois v. Budlong, 15 Abb. Pr., 45. Prescott's case, 2 C. H. Rec., 161; Prout's case, 4 ib., 87; Lynch's case, 6 ib., 61; Peo. v. Cunningham, 1 Den., 524; Peo. v. Carey, 4 Park., 238; Putnam v. Payne, 13 Johns., 312; Hinckley v. Emerson. 4 Cow.. 351

Sub. 2. Peo. v. Rowland, 1 Wh. Cr. C., 286; Jacobowsky v. Peo., 6 Hun, 524; S. C., 64 N. Y., 659; Barnesciotta v. Peo., 10 Hun., 37; S. C., 69 N. Y., 612. Gaming. Peo. v. Livingston, 27 Hun, 105. Pool playing. Peo. v. Cutler, 28 id., 465. Theatre. Berry v. Peo., 1 N. Y., Cr., 43, 57; 77 N. Y., 588.

Sub. 3. Where encroachment on highway does not obstruct. Howard v. Robbins, 1 Lans., 63. River, Moore v. Com'rs of Pilots, 32 How. Pr., 182; Wharf. Peo. v. Vanderbilt, 26 N. Y., 287; S. C., 28 ib. 396. Bridge over highway. Knox v. New York; 55 Bar., 404. Bridge. Chenango Bridge v. Lewis, 63 Barb., 111. The Binghamton Bridge, 3 Wall, 51. Street railroad. Wetmore v. Story, 22 Barb., 414; Hamilton v. N. Y. and H. R. R. Co., 9 Pai., 71; Anderson v. Rochester, etc., Co 9 How. Pr., 553; Hentz v. L. I. R. R. Co., 13 Barb., 646. Subterranean stream. Ellis v. Duncan, 21 Barb., 220; S. C., 29 N. Y., 466. Swampy lands. Woodruff v. Fisher, 17 Barb., 224. State dam. Harris v. Thompson, 9 Barb., 350; R. R. Depot, Phoenix v. Com'rs of Emigration, 12 How. Pr., 1. Dam. Renwick v. Morris, 3 Hill, 621; S. C., 7 ib., 575; Adams v. Popham, 76 N. Y., 410; Brown v. Bowen, 30 N. Y., 519. Sluice-way. Thompson v. Allen, 7 Lans., 459. Coal hole in sidewalk. Irwin v. Wood, 51 N. Y., 224. Coal

hole. Clifford v. Dam, 81 N. Y., 52. Gas pipes. McCamus v. Citizens' Gas Light Co., 40 Barb., 380. Highway. Osborn. Union Ferry Co., 53 Barb., 629. Tow path. Conklin v. Phoenix Mills, 62 Barb., 299. Lime kiln. Hutchins v. Smith, 63 Barb., 251. Assisting in erection. Chenango Bridge Co. v. Lewis, 63 Barb. 111. Directing erection. Jones v. Chantry, 1 Hun, 613. Bridge authorized by Congress, over stream is not a nuisance as an obstruction. Peo. ex. rel. Murphy v. Kelly, 76 N. Y., 475. Harbor. Peo. v. Horton, 5 Hun, 516; S. C., 64 N. Y., 610. Cable in stream. Blanchard v. Western Union Tel. Co., 60 N. Y., 570. Railroad crossing highway. Peo. v. N. Y. C. R. R. Co., 71 N. Y., 302. Unsafe bridge. Peo. v. Mohawk Bridge Co., 7 Alb. L. J., 232. Defective road. Peo. v. Goshen, etc., Road, 11 Wend, 597; Susq., etc., T. Co. v. Peo., 15 id., 267; Waterford, etc., T. v. Peo., 9 Barb., 161. Peo. v. Cunningham, 1 Den. 524; Harlem v. Hunniston 6 Cow., 189; Lansing v. Smith, 8 id., 146; Dygert v. Schenck, 23 Wend., 446; Drake v. Rogers, 3 Hill, 604; Peo. v. Lambier, 5 Den. 9; Mosher v. U. & S. R. R., 8 Barb., 427; Hart v. Albany, 9 Wend., 571; Hecker v. N. Y., etc. Co., 13 How. Pr., 549; 24 Barb., 315; Peckham v. Henderson, 27 Barb., 207; Peo. v. Vanderbilt, 24 How. Pr., 301; Wetmore v. A. W. L.. Co., 37 Barb., 70.

Sub. 4. Catlin v. Valentine,, 9 Pai., 575; Brady v. Weeks, 3 Barb. 157; Prescott's case, 2 C. II. Rec., 161.

§ 386. Unequal damage.-An act which affects a considerable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

§ 387. Maintaining a nuisance a misdemeanor. -A person, who commits or maintains a public nuisance, the punishment for which is not specially prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such a public nuisance, is guilty of a misdemeanor.

§ 388. Permitting building to be used for nuisance. A person, who lets or permits to be used, a building, or portion of a building, knowing that it is intended to be used for committing or maintaining a public nuisance, is guilty of a misdemeanor.

See §§ 333, 343 supra.

§ 389. Keeping gunpowder unlawfully.-A person, who makes or keeps gunpowder, nitro-glycerine, or

any other explosive or combustible material, within a city or village, or carries such materials through the streets thereof, in a quantity or manner prohibited by law or by ordinance of the city or village, is guilty of a misdemeanor. And a person, who, by the careless, negligent, or unauthorized use or management of gunpowder or other explosive substance, injures, or occasions the injury of, the person or property of another, is punishable by imprisonment for not more than two years.

See 201 supra; §§ 636, 645, post. Peo. v. Sands, 1 Johns. 78; Myers v. Malcolm. 6 Hill, 292. Bradley v. Peo., 56 Barb. 72. Heeg v. Licht, 80 N. Y., 579.

§ 390. Throwing gas tar, etc., into public waters. -A person, who throws or deposits gas tar, or the refuse of a gas house or gas factory, or offal, refuse, or any other noxious, offensive, or poisonous substance into any public waters, or into any sewer or stream running or entering into such public waters, is guilty of a misdemeanor.

See § 444, post. New York v. Furgueson, 23 Hun, 594.

§ 391. Violation of quarantine laws.-A master of a vessel subject to quarantine or visitation by the health officer, arriving in the port of New York, who refuses or omits :

1. To proceed to and anchor his vessel at the place assigned for quarantine, at the time of his arrival; or

2. To submit his vessel, cargo and passengers, to the examination of the health officer, and to furnish all necessary information to enable that officer to determine the length of quarantine and other regulations to which they ought respectively to be subject; or

3. To remain with his vessel at quarantine during the period assigned for her quarantine, and while at quarantine to comply with the directions and regulations prescribed by law, and with such as any of the officers of health, by virtue of the authority given to them by law, shall prescribe in relation to his vessel, his cargo, himself, his passengers or crew, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two thousand dollars, or both.